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2024 DIGILAW 276 (KER)

Darsana v. Sunil

2024-02-28

P.SOMARAJAN

body2024
ORDER : 1. Right to get maintenance to a child born in the wedlock from the father is a substantive right, for which, the child cannot be termed as at the mercy of her father. But, it is her valuable right and the father is bound to maintain the child. It should reflect the amount required for the maintenance of the child inclusive of educational expenses, medical expenses and all other expenses connected with the livelihood. Ordering pittance by way of maintenance to the child will not only defeat the valuable right, but also amounts to gross violation of entitlement for a decent living. Court should be more cautious while ordering maintenance and it should reflect the amount required to meet both the ends together. This is yet another case, in which, mere pittance @ Rs.2,500/- was ordered to the minor child, who is now aged 13 years. At the time of passing of the order, she was aged around 5 to 6 years. The claim is for Rs.6,000/- per month. There is no reason to negate the said claim. On the other hand, the claim is found to be reasonable. Hence, the impugned order will stand modified by allowing Rs.6,000/- per month to the minor child from the date of petition. 2. Regarding the wife, there is already a finding by the Family Court and she is having sufficient means. Hence, her claim was disallowed by the trial court, against which nothing was brought to the notice of this Court. 3. R.P. (FC) will stand allowed in part accordingly allowing monthly maintenance @ Rs.6,000/- per month to the child.